Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

[Hiram]

Zlcjf

Zlcjf
sorry to hear that ur judge was not fair !
don't stress out... i bet that uscis did call the National benefits center and did request ur case to be expedited .. it does work, trust me
u should, hopefully receive ur card in 2 weeks

when does ur work permit expire?

 

[Hiram]

also

Also, call USCIS today... explain to them ur situation, and ask them if u can continue to work while EAD is pending... most likely they will tell u yes u can (could be bec they are not knowledgeable of the law) ... get the name of the officer who talked to u and their ID number and save it for the future...

In addition, they will submit an outside of processing date service request to the center...

and finally, i assure u that when you get your EAD, it will be backdated to the day your original EAD expired (for example oct 5 2007) even if u get the card in November .... they do that with all EAD's that are delayed beyond normal processing times

keep the faith

 

[mt100]

am going to court soon (a conference with the ausa and the judge, after i filed my motion for judgment, they filed opposition, then i filed reply). some questions:
1. may i bring a briefcase (with documents)? may i hold my documents and just read there?
2. do i need to wear a tie?
3. any other things i need to be aware of?

never done this b4....

Greenpea,
Definitely wear a suit and a tie. This is to show respect to the court. When I went to the court, I did not see anybody wearing less than a 3-piece suit (including me). At the podium, you will need to introduce yourself. Just say, "Good morning your honor, My name is .... and I am the Plaintiff in this case representing propria persona (or pro se)". And as you know, never interrupt the Judge or the AUSA. Speak only when you are asked to speak.

 

[Bou]

applejuice

You could wait and end up more than 6 months. I waited more than 6 months for the judge to rule on MTD, my lawyer told me basically the same thing that we can do nothing but wait, and I'm still waiting. I started preparing MSJ using Lazycis and AGC4ME's as template, and plan to file in case my lawyer refuse do it and I end up have to fight it myself.

BTW, which district did you filed WOM, I'm in Massachusetts.

Could someone please help me in understanding how this process actually works. I filed a Mandamus via my attorney in April 2007. USCIS filed MTD on 7/10/2007. My attorney filed Opposition to MTD on 7/30/2007. And nothing has happened since then. My attorney tells me there is nothing we can do but just wait for the judge to decide and it could be even 6 months before the judge decides. Is this normal ? ?

 

[zlcjf]

Zlcjf
sorry to hear that ur judge was not fair !
don't stress out... i bet that uscis did call the National benefits center and did request ur case to be expedited .. it does work, trust me
u should, hopefully receive ur card in 2 weeks

when does ur work permit expire?

Thanks for your encouragement. My EAD expires today!

 

[Chrismartin76]

Hello All,
I've been comparing the first of complaints with the addresses to which people are mailing their complaints. It seems as though plaintiffs usually mail their summons to the Office of General Counsel/Chief Counsel but name the defendant at their actual address on the first page of the complaint. Is this the correct way to cite the addresses or should the first page of the complaint also use the General/Chief Counsel address?
Thanks,
Chris

 

[Slow_CIS]

zlcjf

Please do not give up. Make sure you respond to the motion to dismiss on time. You can virtually copy lazycis/xiacao brief that is custom made for the 4th circuit. I am sure it will surprise your judge and he has to do a lot of homework before granting the MTD. And remember even so, you can appeal.
And for your EAD, have you gone to your senator office? I would call their office and seek their help as well.

 

[zlcjf]

Please do not give up. Make sure you respond to the motion to dismiss on time. You can virtually copy lazycis/xiacao brief that is custom made for the 4th circuit. I am sure it will surprise your judge and he has to do a lot of homework before granting the MTD. And remember even so, you can appeal.
And for your EAD, have you gone to your senator office? I would call their office and seek their help as well.

Thanks.

I contact my senator's office. They placed an inquiry. It may take more than 30 buessiness days to reply.
Regarding to the response to motion to dismiss, I think the judge has made up his mind since it only took him 5 minutes to deny my Emergency Motion. I doubt he read through my motion.

 

[Slow_CIS]

It does not take you more than 5 minutes to copy and paste the response to MTD. Remember that the judges need to write their opinion which is subject to further reviews. Judges do not want to look irrational or biased, and therefore, a good response like the one you have makes his life harder. It will also help you down the road in the appeal.
You should not still feel that bad because your MTD is not yet granted and mine is already.

 

[lazycis]

1- Do you think there is a chance that Bondarenko v. Chertoff , 2007 U.S. Dist. LEXIS 67143 (W.D.N.Y. Sept. 8, 2007) be published? If and when published, it will be the harshest rejection of Safadi case.

2- As per your advice I have found and read pilica v. ashcroft in the 6th circuit. Actually I had noted this case in your reply brief a month ago as it was the only 6th circuit citation. I also looked up the cases cited to Pilica but there are more than 114 cases. Most of them have referred to the matters other than the jurisdictional discussion of the pelica. Is there any smart way on Westlaw or lexis search to narrow down the context of the citing cases?

3- Have you seen Abu-Khaliel (6th circuit, 2006)? It seems a useful one to me.

1. I do not know. You can use it anyway in your appeal.

2. Try the opinon search for the 4th circuit. It has a pretty accurate search. You can try to search using different criterias using findlaw.com search. Maybe other circuits have good searches. So far I've checked 1st, 3rd, 4th, 6th and 11th. Westlaw does not have a search by keywords. Not sure about lexis.

3. Will read thru it on the weekend. Did you get anything from the appellate court yet?

 

[GC-Pending]

I want to explain the situation about I-485 WoMs in Maryland courts a little bit more(as of today):


1) I never heard that judge ever scheduled conference call

2) There are no hearings

3) AUSA never bother to return calls of I-485 WoMs now(at least if they are pro se)- If Bou, GC-pending, zlcjf have a different experience, please corr

4) Judges all arrogant and stamp I-485 WoMs with "Lack of the mattter of jurisdiction" with a snap of fingers

=================

As for other I-485 WoM- Now many of you guys received Conf call notice
or have been able to schedule hearings

Actually, I have only seen one judge in MD (judge Messitte) that has scheduled hearing for a similar case. See case 8:07-cv-00727-PJM. The hearing is scheduled for Nov. 5. But i'm not sure with all MTDs being granted in maryland, whether this judge would be able to judge fairly....

 

[AGC4ME]

Amending complaint now ??

Okay my AUSA keeps harping that my original complaint is invalid and that I can attempt to amend the complaint again because my portion of the complaint is moot. I keep saying I don't have to do that because the complaint includes the 2 of us and the case is moot only with respect to 1. Who is right ?

 

[Slow_CIS]

lazycis

I have not yet received anything from the appelalate court yet. The latest update was that the district court clerk has served the notice of appeal to the appellate on Oct 2nd. I have also received a call from the court reporter for a check covering the cost of the hearing transcript.

 

[lazycis]

Okay my AUSA keeps harping that my original complaint is invalid and that I can attempt to amend the complaint again because my portion of the complaint is moot. I keep saying I don't have to do that because the complaint includes the 2 of us and the case is moot only with respect to 1. Who is right ?

You are right, of course Not sure what he is up to. Let the court decide whether to dismiss case in regard to Plaintiff AGC4Me.

 

[applejuice]

Thank you lazycis and Bou for your replies. I will ask my attorney to file MSJ/or discovery. My case is EB2(worldwide) I485 AOS, and I assume one can still file MSJ/discovery in AOS cases too.
I live in Southern Illinois but my attorney filed the complaint in Nebraska district saying that Nebraska service center is the one handling the application.

No, it is not normal. There is no limitation on how long the judge may delay the ruling, but 6 months is probably too long. One way to force judge to rule is to file a writ of mandamus with the court of appeals (see Hall v. West (5th Cir. 1964)). But it's expensive, rarely granted and may not help you to get a favorable decision.
There is a number of other things you can do while waiting - initiate discovery and/or file a motion for summary judgment. The district court does not have to rule on MTD, but it does have to rule on MSJ.

 

[wommei]

Agc4me

Okay my AUSA keeps harping that my original complaint is invalid and that I can attempt to amend the complaint again because my portion of the complaint is moot. I keep saying I don't have to do that because the complaint includes the 2 of us and the case is moot only with respect to 1. Who is right ?

I looked in the dictionary.com and still don't know what moot means here. Could you explain, AGC4ME? Thanks.

 

[lotechguy]

here, i am not concerned about disclosing home address alone, but more concerned if I have the right or not to black out my home address/phone when i file something. I don't want to black out too much info than necessary, and then have the file be rejected or something like that..

In my 1447B case after oath I realized that my birth date was showing on the USCIS NOA that I filed as exhibit. I had to file a motion to seal that paticular exhibit or in the altrenative blank the date of birth on the original filing. The AUSA agreed so we filed a joint motion. The judge ruled that document cannot be sealed but date of birth will be blanked out on the exhibit and not shown.

 

[Chrismartin76]

I've been analyzing N.D. Ga. (Northern District of Georgia) cases. I found four favorable cases, all naturalization related, and two unfavorable cases, where the judge agreed with the defendants' MTD. I'm still doing research but here are my notes so far. Hope this is helpful to other Atlanta-area residents.


----------

Rehman v. Chertoff -- Naturalization
(see attachment)
the
Court further ORDERS that a determination be made on Plaintiff’s naturalization
application within thirty (30) days of the completion of the investigation and that
Plaintiff be promptly notified of that determination.

---------
KHIEREDDINE v. Melville -- Citizenship

Defendants are ORDERED to adjudicate Plaintiffs application
within 9o days from the date of this Order .
------------
Al-Hawwari v Chertoff -- Naturalization

The parties are directed to provide the court with a joint status report within 90 days

-----------
Alamer -- Naturalization
The parties are directed to provide the court with a joint status report within 90 days
---------

Garcia v. Gonzales Dismissed - Voluntarily
Kuntamukkala v. Gonzales Voluntary Dismissal
Basti v. Gonzales Dismissed - Voluntarily
Kuzmin et al v. Melville Dismissed - Voluntarily

Hicks v. Ridge - CONSENT DISMISSAL without prejudice ENTERED
Chauhan v. Ridge-Voluntary Dismissal
VibroFloors World, et al v. Ridge - Motion to Withdraw Mandamus
Yadav v. Ridge - Plaintiff didn't file response to MTD. Judge granted MTD
Avidan et al v. Gonzales -- Too many plaintiffs jointly filing for different actions on different bases. Eventually became moot because Avidan received naturalization.
Kalla v. Chertoff (lasting ten months until Aug 07) - Judge approved defendants' motion for summary judgment; denied plaintiff's motion for summary judgment.
Hong et al v. Gonzales - voluntarily dismissed by plaintiff
Bhatnagar et al v. Gonzales - voluntarily dismissed by plaintiff
Skulskiy v. U.S. Department of Homeland Security - jointly dismissed
Zhu et al v. Gonzales -jointly dismissed, AOS
Dagar v. Chertoff - jointly dismissed, AOS
Gapon v. Gonzales - jointly dismissed, naturalization
Vasquez et al v. Gonzales N.D. Ga- jointly dismissed
Bermeo et al v. Gonzales - Voluntary Dismissal 05/17/2007

Wang et al v. Chertoff - ongoing
Last action was a motion to strike the sur-reply--see this:
Defendants filed a Motion to Dismiss on June 27, 2007, that
is currently pending before the Court. (See Doc. 4).
Plaintiffs, on August 6, 2007, filed an opposition to Defendants’
motion to dismiss. (Doc. 7). Defendants filed a reply in
support of its motion to dismiss on August 27, 2007, to address
issues raised in Plaintiffs’ opposition. (Doc. 10). Plaintiffs
have now filed a response to defendants’ reply, otherwise
referred to as a sur-reply. “To allow such sur-replies as a regular practice would
put the court in the position of refereeing an endless volley of
briefs.”

 

[Chrismartin76]

Here are three of the four successful naturalization orders.
I'm sorry I had "see attachment" next to Rehman in my previous message. I don't have that case yet.

 

[AGC4ME]

I looked in the dictionary.com and still don't know what moot means here. Could you explain, AGC4ME? Thanks.

The meaning of moot is to silence. Basically we are complaining that our applications are pending for a long time. Now they have made a decision on our complaints so there is no complaint that exists for the court to hear. That is you have been silenced (that sounds kinda threatening isn't it). So your complaint is moot. There's nothing anymore you can complain about.